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HomeMy WebLinkAbout10 1123 09 cc: DC-D -----., 9\-\ n' shen H ?f1 IljJ-3)C'9 STATE OF WASHINGTON County of Jefferson In the matter of a Moratorium on new Mooring Buoy's in Mystery Bay } } } Ordinance No. 10-1123-09 The Jefferson County Board of County Commissioners enters the following findings of fact: 1. Jefferson County has committed to planning under the provisions of the Growth Management Act, codified as RCW 36.70A. 2. Jefferson County implements the Growth Management Act through a comprehensive plan adopted in 1998 and updated in 2004. 3. The Comprehensive Plan of Jefferson County provides goals and polices on page 8- 36 of the Comprehensive Plan to implement the provisions of the Shoreline Management Act found at RCW 90.58. 4. The Shoreline Management Act development regulations are implemented in Jefferson County through the Jefferson County Code (JCC) in section 18.25. 5. Mooring Buoys are regulated by provisions of Jefferson County Code found at JCC18.25.380. 6. In 2009 the State Legislature added a new section to the shoreline management act recognizing that counties have moratoria authority as an important aspect of complying with environmental stewardship and protection requirements when implementing the Act. 7. The amendment to the shoreline management act was brought forward and adopted by the legislature with approval of the Governor through Engrossed substitute house bill (ESHB) 1379. 8. ESHB 1379 provides that local governments may adopt moratoria provided that all lawfully existing uses, structures and other development shall continue to be deemed lawful. 9. A moratorium may be effective for up to six months if a detailed work plan is prepared for remedying the issues and circumstances necessitating the moratorium, and may be renewed for two six month periods. This ordinance shall not be effective for more than six months, pending completion of the shoreline master program update being prepared by Jefferson County as outlined in the work plan. Ordinance No. 10-1123-09 Page: 2 WHEREAS, Mystery Bay is a small bay located near Kilisut Harbor, near Port Townsend Bay, Admiralty Inlet and the Strait of Juan de Fuca, all being marine waters of the State of Washington; WHEREAS, a small community named Nordland is located along Mystery Bay with rural residential as the primary zoning designation and this area includes a one acre commercial zone called a convenience crossroads; WHEREAS, Mystery Bay, being a marine Shoreline of the State, is utilized by residential, recreational and commercial uses, contains a small salt marsh, eelgrass beds, spawning habitat for sand lance, and is an over wintering area for diving ducks; WHEREAS, Mystery Bay has commercial shellfish beds, residential development with docks, mooring buoys and active use by the boating public; WHEREAS, in 2008 Jefferson County Department of Community Development (DCD) in consultation with the Department of Natural Resources (DNR), Department of Health (DOH), Department of Fish and Wildlife (WDFW) and local Tribes began an investigation process to determine local circumstances as to the lawful installation of mooring buoys in Mystery Bay; WHEREAS, there are competing interests in Mystery Bay between shellfish growers, boaters, near shore residential uses and upland uses; WHEREAS, water dependent and related uses include recreational boating, recreational shellfish harvesting, commercial shellfish harvesting, transient boaters, moored vessels on mooring buoys, swimming docks, and a State Park on this water body; WHEREAS, the annual growing area review report issued by Washington State Department of Health on December 31, 2008 noted the area is listed as "threatened" due to the potential of pollution from a large number of boats that moor or utilize the water areas of Mystery Bay; WHEREAS, the Washington State Department of Health (DOH) Office of Shellfish and Water Protection issued their annual growing area review report stating that Mystery Bay meets water quality standards but is threatened with a downgrade in classification due to the amount of boating activity; WHEREAS, a increase in the number of boats within Mystery Bay may adversely impact commercial shellfish harvesting operations; WHEREAS, DOH has informed Jefferson County that under the National Shellfish Sanitation Program (NSSP) parts of the Approved classification of Mystery Bay may now meet the definition of a marina; Ordinance No. 10-1123-09 Page: 3 WHEREAS, if Mystery Bay is defined as a marina, il can not be approved under the DOH commercial shellfish classification system; WHEREAS, DOH reclassified a portion of Mystery Bay from approved to conditionally approved on August 6, 2009 based upon a synopsis prepared by DOH staff; WHEREAS, conditionally approved means a closure of shellfish harvesting during the boating season generally May 1 - October 1 of each year: WHEREAS, a commercial shellfish closure has adverse economic impacts on local business; WHEREAS, Jefferson County is currently updating their Shoreline Master Program including provisions for permitting and placement of mooring buoys; WHEREAS, Jefferson County is participating in a stakeholders' group of agencies, tribes and shellfish growers in order prevent any closures of Mystery Bay; WHEREAS, a bay management plan is one element of the work plan for the stakeholders group; WHEREAS, a bay management plan would examine the competing interests for using Mystery Bay and would include evaluation of mooring buoy placements; WHEREAS, permitting additional mooring buoys in Mystery Bay may exacerbate problems associated with over use of the bay and lead to potential shellfish closures; WHEREAS, it is in the public interest to protect commercial shellfish harvesting in Mystery Bay; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Jefferson County as follows: SECTION 1. A moratorium is placed on submittals of shoreline permit applications to the Jefferson County Department of Community Development for placement of mooring buoys in Mystery Bay, except when: 1) the state Department of Health notifies the Jefferson County Shoreline Administrator that movement or placement of a mooring buoy would contribute to preventing or lifting a shellfish harvesting closure; or 2) the Jefferson County Shoreline Administrator determines that an application for the movement or placement of a mooring buoy must be accepted and reviewed by Jefferson County in furtherance of an adopted Mystery Bay Management Plan. SECTION 2. Pursuant to the provisions of ESHB 1379 which amends and adds sections to Ch. 90.58 RCW, the Shoreline Management Act, this moratorium does not affect any lawful mooring buoys in place at Mystery Bay on or before the date this Ordinance becomes effective. Ordinance No. 10-1123-09 SECTION 3. Severability. Page: 4 If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. SECTION 4. The work plan is hereby incorporated by reference, see Attachment A. SECTION 5. Effective date. This ordinance shall take effect immediately after passage and shall remain effective for six months or until repealed by the BOCC. APPROVED AND ADOPTED this 23rd day of November, 2009 SEAL: ')!.TEST: (jA~~:lt\fU{~~t G Erin Lundgren) 0 Deputy Clerk of the Board JEFFERSON COUNTY BOARD qF COUNTY COMMISSIONERS ~' U /~/ ',' , tU / L~ David Sulli an, Chair '~ (/' ---- ~~b" .l)ffROVED ASW FORM: ,. r )' w ()t'1"~1 aJ/;~A~/'j;5 . I I 23 , ?J ~ David Alvarez Deputy Prosecuting Attorney Ordinance No. 10-1123-09 Page: 5 Attachment A Workplan Issue: The issue is the threat of closure of shellfish harvesting in Mystery Bay because of too many boats anchored or moored near shellfish beds. Solution: Considering all uses, develop a Mystery Bay Management Plan to manage the placement and location of boats, anchor/no-anchor zones, and mooring buoys and to protect water quality to resolve and avoid closures of the bay to shellfish harvesting. Strategy: Continue collaborative efforts between tribal, federal, state and local governments, including local stakeholders; engage the public; promulgate new regulations for mooring buoys in the Jefferson County Shoreline Master Program; and prepare a plan for Mystery Bay in partnership with stakeholders that achieves the following: a. Reduce the number of mooring buoys around shellfish harvest sites "below marina threshold levels" b. Make the entire bay a voluntary "No Anchor Zone" and direct transient boaters to the state park in order to prevent emergency closures due to number of transient moorages. (Note- this strategy would have the side benefit of maximizing the potential availability for mooring buoys) c. Remove mooring buoys and vessels not properly permitted or authorized. (Note - the Stakeholder group is using the mooring buoys currently permitted by the county as a baseline for authorized buoys) d. Strategically relocate as many mooring buoys as possible to open up an area for navigation and to further discourage transient use near shellfish beds, i.e., an array of mooring buoys in front of shellfish beds would deter transient boaters from anchoring in that area. e. Establish Community Monitoring/Education effort - Establish monitoring and reporting process to document boat use in Mystery Bay in order to maintain levels of use consistent with shellfish harvest regulations. Calendar of events: November 23, 2009 December 7, 2009 December 10, 2009 December 31, 2009 January 2010 January 14, 2010 January 28, 2010 February 11, 2010 February 23, 2010 February 24, 2010 March 11, 2010 6-month Moratorium on mooring buoys placed by BOCC Stakeholder sub-committee meeting to begin drafting Mystery Bay Management Plan Stakeholder's group meeting Jefferson County formally submits the locally approved Shoreline Master Program (SMP) to Washington State Department of Ecology (DOE) DOE begins formal review process on the locally approved SMP Stakeholder's group meeting to finalize and release draft Mystery Bay Management Plan for public review (two weeks before public meeting) Public Meeting at Fort Flagler State Park on the draft Mystery Bay Management Plan Stakeholder's group meeting to finalize Mystery Bay Management Plan Board of County Commissioners adopt the Mystery Bay Management Plan Agency action begins to implement plan and achieve solution Stakeholder's group meeting Ordinance No. 10-1123-09 Page: 6 March 15, 2010 May 1, 2010 May 23, 2010 DOH public notice on proposed Mystery Bay growing area classification Mystery Bay Management Plan implemented and boating season starts Moratorium lifted or extended depending on status of sMP The remedy of the issues and circumstances: The moratorium is effective from November 23, 2009 through May 23, 2010 and would be extended for a six month period and/or to the date that Ecology approves the SMP. Once Ecology approves the new sMP and Jefferson County enacts the SMP locally, the moratorium would be lifted and applications for mooring buoys would be processed under the new SMP to a decision point of approval or denial. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: AI Scalf. Director of Community Development DATE: November 23, 2009 RE: Staff update on Mystery Bay mooring buoys, shellfish harvesting and preparation of a management plan STATEMENT OF ISSUE: The issue is the threat of ciosure of shellfish harvesting in Mystery Bay because of too many boats anchored or moored near shellfish beds. Solution: Considering all uses, develop a management plan to avoid future closures of the bay to shellfish harvesting. Strategy: Continue collaborative efforts between tribai, federal, state and local governments, including locai stakeholders; engage the public; promulgate new regulations for mooring buoys in the Jefferson County Shoreline Master Program; and prepare a plan for Mystery Bay in partnership with stakeholders that achieve the following: a. Reduce the number of mooring buoys around shellfish harvest sites "below marina threshold levels" b. Make the entire bay a voluntary "No Anchor Zone" and direct transient boaters to the state park in order to prevent emergency closures due to number of transient moorages. (Note - this strategy would have the side benefit of maximizing the potential availability for mooring buoys) c. Remove mooring buoys and vessels not properly permitted or authorized. (Note - the Stakeholder group is using the mooring buoys currently permitted by the county as a baseline for authorized buoys) d. Strategically relocate as many mooring buoys as possible to open up an area for navigation and to further discourage transient use near shellfish beds, i.e., an array of mooring buoys in front of shellfish beds would deter transient boaters from anchoring in that area. e. Establish Community monitoring/Education effort - Establish monitoring and reporting process to document boat use in Mystery Bay in order to maintain levels of use consistent with shellfish harvest regulations. Calendar of events: February 11, 2010 February 2010 March 11, 2010 March 15, 2010 Stakeholder sub-committee meeting to begin drafting plan Stakeholder's group meeting Stakeholder's group meeting to finalize and release draft plan for public review (two weeks before public meeting) Public Meeting on the draft management plan at Fort Flagler State Park Stakeholder's group meeting to finalize plan Agency action begins to implement plan and achieve solution Stakeholder's group meeting DOH public notice on proposed Mystery Bay growing area classification Mystery Bay Plan implemented and boating season starts December 7,2009 December 10, 2009 January 14, 2010 January 28, 2010 May 1, 2010 ANALYSIS: Both the Jefferson County Health Department and the Department of Community Development are involved in the stakeholders group. The Health Department is concerned with water quality and shellfish harvesting for both recreational and commercial harvesters. The Department of Community Development is involved through the administration of the Shoreline Management Act by way of the Shoreline Master Program. Aquaculture is a significant economic benefit in our community. Resolving the issues of competing interests through implement of a management plan for Mystery Bay accomplishes economic and environmental goals concurrently. FISCAL IMPACT: Staff participation is covered through the annual approved budgets for each department. / / ;;8'107' Date